The All-Party Oireachtas Committee on the Constitution will advise the Government next week not to change the definition of the family as being based on marriage due to fears it could lead to a divisive referendum on gay marriage.
Instead the report, based on a year-long process of public hearings and private deliberations, will recommend legislative change to provide civil partnerships for cohabiting and same-sex couples.
These partnerships would extend "marriage-like" privileges by allowing for equality in areas such as taxation.
The report, due to be launched by Taoiseach Bertie Ahern next Tuesday, could have wide-ranging implications for the estimated 77,000 cohabiting couples in the State, of whom at least 1,300 are same-sex couples.
It is also likely to recommend changing articles in the Constitution that relate to the role of women in the home to a gender-neutral form. It is expected to call for an improvement in the constitutional rights of the child by stating that all children, irrespective of birth, gender, race or religion, are equal before the law.
A late draft of the committee report says the amendment should read: "All children, irrespective of birth, gender, race or religion, are equal before the law. In all cases where the welfare of the child so requires, regard shall be had to the best interests of that child."
This change, the committee is expected to say in its report, will indirectly elevate the status of the natural or birth father, who has no constitutional rights at present.
Legal advice available to the committee says such a reference, which relates to the "best interests of the child", would force the Supreme Court to refashion a line of controversial jurisprudence which has held that a natural mother has a constitutional right to custody of the child.
The Government is likely to take steps to act on some of the recommendations ahead of the next general election due to political pressure on a number of fronts.
A High Court case - in which a lesbian couple say they are being discriminated against - is looming against the State which could have implications for thousands of same-sex and cohabiting couples.
Minister for Justice Michael McDowell has also announced plans to set up a working group to examine options on civil partnerships for a range of different family units.
Minutes of meetings seen by The Irish Times show a number of Fianna Fáil and Fine Gael TDs on the Oireachtas committee warned that a referendum on the point could be "misinterpreted and divisive" and could "open the door to gay marriage". They noted that most submissions to the committee also wanted the traditional status of family to be retained.
However, a minority of Oireachtas members, including Labour, the Greens and Sinn Féin, called for the definition to be changed to recognise other forms of families, such as lone parents or cohabiting couples with children.
The Constitution: possible changes
Changes to articles in the Constitution relating to women in the home are among a number of recommendations expected in the committee report.
1937 Constitution:
Article 41.2.1
"In particular, the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved."
Article 41.2.2
"The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home."
Proposed changes:
Article 41.2.1
"The State recognises that by reason of family life within the home, a parent gives to the State a support without which the common good cannot be achieved."
Article 41.2.2
"The State shall, therefore, endeavour to ensure both parents shall not be obliged by economic necessity to work outside the home to the neglect of their parental duties."
